Jack Straw: I wish to make a statement to the House informing members about the Gibraltar constitutional negotiations, which concluded successfully in London on Friday 17 March.
	A joint statement by the UK and Gibraltar was made earlier today, which sets out the main provisions of the new constitution. The full text of the new constitution will be published in the coming weeks, and put to the people of Gibraltar in a referendum. If it is approved by them, it will then be given effect by Order in Council.
	As I set out in my statement of 6 February 2004, the starting point for the work to modernise Gibraltar's 1969 constitution was the invitation in the 1999 White Paper "Partnership for Progress and Prosperity: Britain and the Overseas Territories" to OT Governments to submit proposals for constitutional reform. In July 1999, the Gibraltar House of Assembly constituted a Select Committee to report on constitutional reform. The Committee published its proposals in January 2002. We formally received them in December 2003. These proposals were subsequently discussed between delegations from the UK and Gibraltar in November/December 2004, September 2005 and March 2006.
	The new constitution provides for a modern and mature relationship between Gibraltar and the UK. As I will make clear in the Despatch that I will send to the Governor at the time that the Order in Council is passed, it does not in any way diminish British sovereignty of Gibraltar. The UK will retain its full international responsibility for Gibraltar, including for Gibraltar's external relations and defence, and as the member state responsible for Gibraltar in the European Union. Gibraltar will remain listed as a British Overseas Territory in the British Nationality Act of 1981, as amended by the British Overseas Territory Act 2002.
	The preamble to the new constitution will also make clear that the UK stands by its long-standing commitment that Gibraltar will remain part of Her Majesty's dominions unless and until an Act of Parliament otherwise provides, and furthermore that Her Majesty's Government will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes.
	The new constitution confirms that the people of Gibraltar have the right of self-determination and that the realisation of this right must be promoted and respected in conformity with the provisions of the UN Charter and any other applicable international treaties. In the Despatch, I will note that, in the view of Her Majesty's Government, Gibraltar's right of self determination is not constrained by the Treaty of Utrecht except in so far as Article X gives Spain the right of refusal should Britain ever renounce sovereignty. Thus independence would only be an option with Spanish consent.
	The remainder of the constitutional text introduces substantial reform and modernisation. The main elements include limiting the responsibilities of the Governor to the areas of external affairs, defence, internal security and the public service, thereby reversing the previous practice and giving Gibraltar much greater control over its internal affairs. The House of Assembly will be restyled the Gibraltar Parliament, and may determine its own size. The Governor's powers to withhold assent on laws passed by Gibraltar are streamlined and my power to disallow them is removed (although the power to make Orders in Council is retained). New commissions will be created to handle appointments in the judiciary and public service. The creation of a new Police Authority for Gibraltar will give Gibraltar a greater input into policing matters. Finally, the Human Rights chapter has been updated to bring it into line with the ECHR.
	I have written to Miguel Angel Moratinos, the Spanish Foreign Minister, to clarify those matters of importance to Spain relating to this constitution.
	I warmly welcome the text of the new constitution. I believe that it is a clear demonstration of our enduring commitment to the people of Gibraltar and that it represents the development of a modern, mature and appropriate relationship with the people of Gibraltar. I believe that the whole House will wish to commend it wholeheartedly to the people of Gibraltar.
	I am placing copies of my letter to Spanish Foreign Minister Miguel Angel Moratinos and the UK/Gibraltar joint statement on the constitutional talks in the Library of the House.

Charles Clarke: In April 2004 my predecessor required the Independent Police Complaints Commission (IPCC), under section 79(1) of the Police Act 1996, to undertake a review of the circumstances surrounding the death of Mr. Christopher Alder. This was in response to continuing concerns from Mr. Alder's family. Hon. Members will recall his tragic death in police custody at Queen's Gardens police station in Hull during the early hours of 1 April 1998 with his last moments of life captured on CCTV.
	I am today laying the report of the IPCC review before Parliament as I am required to do under section 79(5) of the Act. I would like to thank Nick Hardwick, Chair of the IPCC, and his team for his thorough review, and for his findings and recommendations. The IPCC sought the assistance of the Health Care Commission in assessing the standards of medical care which Mr. Alder received and a summary of the HCC conclusions is provided at annex 8 to the IPCC report. I understand that separate arrangements are being made to publish their report today.
	There are criticisms of individual officers for their handling of Mr. Alder when they arrived at the scene of his assault, at the hospital to which he was taken and at the police station. They are criticised for some of the accounts of their actions which the IPCC, having reviewed the evidence, does not accept. They are criticised as public servants for not cooperating with the review, although I acknowledge that this was their right.
	The IPCC find that unwitting racism was a factor in Mr. Alder's treatment measured against the standards subsequently established by the Macpherson report and the guidance issued by the former Police Complaints Authority (PCA). They acknowledge that Humberside police have made progress on racial awareness since. I return to this.
	The former Deputy Chief Constable of Humberside police is criticised for his decision that there should be no legal representation available to the parties at the disciplinary tribunal which was set up to hear the charges against the five police officers which had the effect of reducing the disciplinary sanctions available to the tribunal. In the absence of legal support the current Chief Constable of Cleveland, who approached his responsibilities properly, mistakenly accepted a submission that there was no case to answer.
	The West Yorkshire investigation into Mr. Alder's death, which was supervised by the PCA, is criticised as being inadequately resourced and directed.
	Additionally, there is criticism of Humberside police for not having apologised to the family of Christopher Alder for his treatment.
	The IPCC find that support for the family was mishandled. There is criticism of the police and, to a degree, of the PCA for the level of support provided to the family (though it is acknowledged that things would be better handled these days). Lancashire Constabulary, one of whose officers passed on incorrect information to Mr. Alder's sister, gets passing criticism.
	On the other hand, the review found no reason to believe that the police assaulted Mr. Alder, used CS spray against him or that his sister was subsequently harassed by Humberside police. It finds no evidence that Humberside deliberately mishandled their investigation, nor reason to criticise the handling of the failed prosecution of the police officers. It dismisses the suggestion of police cover up of evidence of racist banter. Any failings in the West Yorkshire investigation were not deliberate or malicious.
	The IPCC is satisfied on the basis of its review that there is no need for a further inquiry.
	The IPCC makes a number of recommendations. At this stage I wish to focus on three areas:
	The police service response to racism following the Macpherson report;
	efforts to improve the standards of care for those coming in to police custody; and,
	plans to improve the police disciplinary process.
	I found particularly disturbing the conclusion Mr. Hardwick reaches regarding the officers' "unwitting racism" in their treatment of Mr. Alder. However, I am confident that since Sir William Macpherson's inquiry into the tragic death of Stephen Lawrence in 1999, all police forces have taken steps to eradicate racism within the police service. However, we must not lose sight of the continuing need to ensure that those in the public service who serve their communities do so to the highest professional standards
	The Home Office, the Association of Chief Police Officers, the Association of Police Authorities and Centrex published "A Strategy for Improving Performance in Race and Diversity 2004–09" in November 2004. Also in November 2004 the Association of Police Authorities issued guidance on Involving Communities in Police Learning and Development.
	The strategy is the product of extensive consultation and sets out a five year strategy for the Police Race and Diversity Learning and Development Programme. The strategy builds upon recommendations made in Her Majesty's Inspectorate of Constabulary's (HMIC's) report "Diversity Matters" and responds to two independent reports commissioned to quality assure, and examine the effectiveness of, community and race relations (CRR) training. The strategy is fundamentally different from the previous approach to CRR training. Race necessarily remains the primary focus but the strategy expands the area of work to include other aspects of diversity: gender, sexual orientation, disability, age and religion and belief. It extends to police staff and to the wider police family, including special constables and police community support officers (PCSOs).
	The strategy is not just restricted to training and is linked to other police learning and development programmes, including the initial Police Learning and Development Programme, the Core Leadership Development Programme and the Senior Leadership Development Programme.
	Much hard work has been put into improving the care and custody of people in police detention since this tragedy, and eight years on a number of important changes have been made
	The safer detention guidance, published on 8 February 2006, requires that before accepting a detainee to return to custody, the escorting officers should request that the doctor immediately in charge of the detainee or the A&E manager provide clear written advice to inform the detainee's care plan. The custody officer must consider any requirement for a healthcare professional to see them in person on return from hospital. The healthcare professional must be called for certain aspects of illness which are set out in the guidance. The police healthcare project, a joint project being developed by the Home Office and the Prison Service, will look to develop national agreements for local implementation.
	Improved police disciplinary arrangements are being considered in the context of work being taken forward in response to the Taylor report; a code of professional standards and an improved discipline procedure are being formulated. A proposed draft code and guidance has already been drawn up and is currently open to public consultation. It is our commitment to provide the Police Advisory Board for England and Wales with draft policy proposals in July.
	I am confident in the ability of the police service and of the Chief Constable of Humberside police to respond positively to the IPCC findings.
	There have been calls for a public inquiry into Mr. Alder's death which have been resisted. There has been an investigation, an inquest, criminal trial, internal disciplinary hearings and now this independent review. I agree with Mr. Hardwick when he says that a further investigation would not add anything of substance. This review contains a detailed account of all of the circumstances surrounding the death of Christopher Alder. I hope that the findings go some way to answering their questions and concerns and can bring them some closure to this tragic case. Our thoughts are with them today.